Maine Fishermen Seek Rule-Breaking Fishing Pass
Published Date: 8/21/2026
Notice
Summary
The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit (EFP) application contains all of the required information and warrants further consideration. The EFP would allow federally permitted fishing vessels to fish outside fishery regulations in support of exempted fishing activities proposed by the Maine Department of Marine Resources (ME DMR). Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed EFPs.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Gear-marking exemption for lobster trawls
If your federally permitted fishing vessel is approved to participate, the EFP would exempt you from the gear-marking rule at 50 CFR 697.21(b)(2). That exemption would allow trap/pot gear to have no more than one surface marking on trawls of more than three traps during the project period (11/01/2026–03/31/2027) for up to 50 vessels operating around Jeffrey's Ledge in Maine Lobster Conservation Zones F, F/G, and G.
Temporary endline removal to reduce whale entanglement
If you join the project, you could temporarily remove or drop and secure one endline from your trawls when ME DMR notifies participants that a North Atlantic Right Whale aggregation is present near Jeffrey's Ledge. The dynamic management action would apply during the project dates (11/01/2026–03/31/2027) and would be used to allow continued access to fishing grounds while aiming to reduce entanglement risk.
Required safety and reporting measures for participants
Participating vessels must follow current approach regulations (a 500-yard/457-meter buffer when a right whale surfaces), depart immediately at a safe slow speed, stop hauling lobster gear immediately if a whale surfaces, and follow ME DMR best practices such as a 10-knot speed limit when whales are observed. Vessels must report right whale sightings to NMFS or NOAA or the U.S. Coast Guard and provide weekly gear loss reports to ME DMR, and return gear to required configuration within 30 days after aggregation dispersal.
Waiver of EFP trip-level reporting requirement
NMFS recommends waiving standard EFP trip-reporting requirements for vessels participating in this EFP, saying it is duplicative of required electronic vessel trip reporting and a barrier to recruiting fishermen. NMFS may reevaluate the waiver if trip-level reporting becomes warranted.
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